Legal Question in Business Law in Kenya

Some foreigners have set up business in England using a name that is almost the same as that of your own business, apparently in order to benefit from the goodwill attached to the name. Your legal advisers tell you that you are likely to succeed in an action to obtain an injunction restraining these people from using your name and they will have to pay the costs of the action. Your fear that when the people responsible realize the case is going against them, they will take all their business assets abroad. What steps can be taken to protect your firm�s position before the trial?


Asked on 6/11/13, 11:54 am

1 Answer from Attorneys

Fca Prashant Chavan Expert Edge LLP

12.06.2013

Dear Sir / Madam,

A business set-up in another country with a name more or less similar to your name cannot gain your goodwill. Secure yourself by publicly announcing that you have no offices or branches overseas. Do not waste money on litigation, as it will not yield any fruitful results.

Regards,

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Answered on 6/12/13, 3:26 am


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